Wang Zejian's Collected Works of Law (Volume 14: Tort Law)

Author: Wang Zejian
Publisher:
Publishing Date: 2003-09-01
Features: Preface The China University of Political Science and Law compiled and edited this work in a complete volume format for ease of use, reference, and preservation. Sincere gratitude is expressed to all colleagues at the publisher for their assistance and hard work. The first eight volumes of this complete series, "Civil Law Doctrine and Case Studies," were completed between 1975 and 1992, reflecting the author's teaching and research experiences at the Department of Law, National Taiwan University. This period was a key phase in the development of Taiwan's Civil Code. The author applied legal methodologies to analyze and examine the reasoning behind important judgments, uncover and interpret the legal principles embedded in specific cases, and construct a theoretical framework. To a certain extent, these eight volumes reflect the process by which the Civil Code has evolved to address issues arising from socio-economic changes, how laws are interpreted and applied, how loopholes are filled, and how new institutions are created. They document the history of the theoretical development of the Civil Code. "Civil Law Thinking and Case Studies" aims to establish a theoretical framework for the basis of civil claims, holding practical significance for legal methodology. The thinking approach for the basis of civil claims has been widely adopted by the legal academia and practice, helping to study the Civil Code in a more systematic and step-by-step manner, enhancing the rigor and transparency of arguments, and providing a more objective basis for evaluating the reasonableness of legal interpretation and application. "Civil Law Essentials," published in 2002, primarily serves as a basic textbook for those learning the Civil Code, as well as an introductory guide and comprehensive review. The book concisely explains the values and principles of the Civil Code, introduces important legal institutions, and provides statistical data to help readers gain a more comprehensive understanding of the relationship between the Civil Code and daily life, as well as to cultivate legal thinking and argumentation skills. The books "General Principles of Civil Law," "General Principles of Obligations," and "Civil Property Law" discuss the content of the Civil Code, explain controversies in its interpretation and application, and explore its future trends. Among these, the "General Principles of Obligations" is a specialized work, particularly "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, serving both as a textbook and a casebook—a new attempt in writing methodology. The "Tort Law" book still needs supplementation regarding special torts. "Damages" is a core issue in the Civil Code, and the manuscript is currently being actively prepared. The greatest aspiration is to write a work on the Taiwan Civil Code and social change, and it is hoped that it can be completed soon. Despite differences in content and style, the complete series of Civil Law shares a common goal: to integrate theory and practice, adopt the thinking approach of the basis of claims, highlight issues and points of contention through cases, use comparative law to explore various normative models, and serve as a reference for interpretation and application. Years of research in Civil Law have deepened the author's understanding that the Civil Code is people-centered, rooted in the theory of freedom and equality, and safeguards human value and dignity. Striving for the Civil Code is a fight for the freedom, equality, value, and dignity of humanity. Thirty years of writing have been a long and arduous journey. Gratitude is expressed to teachers, colleagues, classmates, and readers for their encouragement and support. Special thanks are owed to my family's love and tolerance, especially to the blessings and grace of God, which have enabled me to continue learning and working in peace and joy. June 2, 2003, 65th birthday preface in Taipei. The "Tort Law" book is planned to be published in three volumes, to be released successively. The first volume will explain the basic theories of torts, analyze and discuss the general provisions of torts under Article 84 of the Civil Code, the basic concepts, system construction, and thinking methods of tort law. The discussion on fairness and economic efficiency in tort law, as well as how the German concept of Verkehrspflicht fits into the system of Taiwan's tort law, will be supplemented in the second edition. The second volume will focus on special torts, analyzing and examining important types such as joint torts, employer liability, labor accidents, car accidents, public nuisance, product liability, and service liability, and exploring the shift from negligence liability to hazardous liability. The third volume aims to study how to establish a fair and efficient system for personal injury compensation and reimbursement in tort law, no-fault compensation, and social security systems. It is hoped that the publication of this book will contribute to the research methods and development of Civil Law in Taiwan. The book was first published in early September 1998. For the fourth printing, supplementary provisions related to the amendment of the Civil Code's obligations section, passed on April 2, 1999, and to be implemented on May 5, 2000, have been added, along with the inclusion of judgments and academic papers from the "Supreme Court." Since its publication, the book has quickly become outdated. A comprehensive revision will be undertaken in the future. Once again, gratitude is expressed to the readers for their encouragement.